Assumption of Risk, Release of Liability, Waiver, and Indemnity Agreement

1. Purpose of the App

Mass In Motion is a fitness, training, wellness, and performance-support application designed to help users plan, track, and adjust strength training, running, endurance training, hybrid athlete programming, recovery, readiness, and related fitness activities.

The App may provide or display, among other things:

• Strength training workouts;
• Running workouts;
• Endurance training sessions;
• Hybrid training plans;
• Warm-up and cooldown suggestions;
• Exercise descriptions;
• Training progression recommendations;
• Recovery, readiness, fatigue, or training-load estimates;
• Nutrition, hydration, and fueling reminders;
• Deload, taper, or workout-adjustment suggestions;
• Performance estimates;
• User-entered training history;
• Data imported from third-party apps, wearable devices, or connected services; and
• Other fitness, wellness, or training-related content.

The App is not a medical service, healthcare service, emergency service, physical therapy service, rehabilitation service, nutrition therapy service, or substitute for professional coaching, medical care, diagnosis, treatment, or advice.

2. Voluntary Participation

You understand and agree that your participation in any exercise, workout, training program, running activity, strength activity, endurance activity, mobility activity, fitness test, or other physical activity connected to the App is entirely voluntary.

You are solely responsible for deciding whether you are physically, mentally, medically, technically, and environmentally capable of safely performing any activity.

You are not required to perform any workout, exercise, set, repetition, run, interval, pace, distance, intensity, load, progression, or recommendation provided by the App. You should modify, reduce, skip, or stop any activity whenever appropriate.

3. Inherent Risks of Physical Activity

You understand and acknowledge that physical activity involves inherent and unavoidable risks. These risks may exist even when activities are performed correctly, at appropriate intensity, and under appropriate conditions.

Risks associated with use of the App and participation in related activities may include, but are not limited to:

• Muscle soreness;
• Fatigue;
• Overreaching or overtraining;
• Dehydration;
• Heat illness or cold exposure;
• Dizziness, fainting, or loss of consciousness;
• Sprains, strains, tears, fractures, dislocations, tendon injuries, ligament injuries, joint injuries, stress reactions, or stress fractures;
• Back, neck, shoulder, hip, knee, ankle, foot, or other musculoskeletal injuries;
• Aggravation of pre-existing injuries, pain, or medical conditions;
• Falls, trips, collisions, or impact injuries;
• Injuries caused by improper equipment setup, equipment failure, unsafe facilities, or unsafe environments;
• Injuries related to poor exercise technique, excessive loading, excessive volume, excessive intensity, or inadequate recovery;
• Cardiovascular events;
• Respiratory distress;
• Neurological symptoms;
• Rhabdomyolysis;
• Illness;
• Permanent disability;
• Death; and
• Other known or unknown risks.

You understand that running, lifting, high-intensity training, endurance training, plyometrics, loaded movements, heavy strength work, interval training, and combined running-and-lifting programs may carry increased risk depending on your fitness level, training history, health status, environment, equipment, sleep, nutrition, hydration, stress, and recovery.

4. Assumption of Risk

To the fullest extent permitted by applicable law, you knowingly, freely, and voluntarily assume all risks associated with:

• Your use of the App;
• Your reliance on any App content or recommendation;
• Your participation in any workout, training plan, exercise, run, or physical activity;
• Your use of any equipment, facility, route, gym, track, road, trail, treadmill, bicycle, pool, or training environment;
• Your failure to use proper technique, judgment, equipment, supervision, or safety precautions;
• Inaccurate, incomplete, delayed, missing, or misunderstood data entered by you or received from third-party services;
• Changes to your health, fitness, recovery, readiness, injury status, medical status, or training capacity that are not known to the App; and
• Any other risk related to the App or physical activity.

You accept full responsibility for any injury, loss, damage, illness, medical event, or other harm that may occur in connection with your use of the App or participation in any related activity.

5. User Responsibility for Safety

You are solely responsible for exercising reasonable judgment and taking appropriate safety precautions before, during, and after any activity.

You agree that you are responsible for:

• Consulting a qualified medical professional before beginning or modifying a training program when appropriate;
• Ensuring that you are medically cleared to exercise;
• Selecting appropriate exercises, loads, volumes, intensities, distances, paces, and rest periods;
• Using proper form and technique;
• Using safe, properly maintained equipment;
• Training in a safe environment;
• Following all gym, facility, race, road, trail, pool, and equipment rules;
• Using a spotter or supervision when appropriate;
• Wearing appropriate footwear, clothing, safety gear, and reflective gear when appropriate;
• Avoiding unsafe weather, unsafe traffic conditions, unsafe terrain, unsafe facilities, or other hazardous environments;
• Scaling, modifying, skipping, or stopping any workout or exercise that feels unsafe;
• Avoiding exercise while impaired by alcohol, drugs, medications, illness, severe fatigue, or other conditions that could affect judgment or safety;
• Keeping your account information, health information, training information, and fitness information accurate and current; and
• Seeking professional help when needed.

You should not perform any activity suggested by the App if you are unsure whether it is safe or appropriate for you.

6. Stop Activity and Seek Help When Appropriate

You agree to stop exercising immediately and seek medical attention if you experience any concerning symptoms, including but not limited to:

• Chest pain, pressure, tightness, or discomfort;
• Severe shortness of breath;
• Fainting, dizziness, or loss of consciousness;
• Irregular heartbeat or heart palpitations;
• Severe headache;
• Confusion;
• Weakness, numbness, tingling, or loss of coordination;
• Sudden, sharp, severe, worsening, or unusual pain;
• Joint instability;
• Swelling, bruising, deformity, or suspected fracture;
• Heat illness symptoms;
• Severe dehydration symptoms;
• Blood in urine;
• Difficulty breathing;
• Allergic reaction symptoms; or
• Any other symptom that concerns you.

If you believe you may be experiencing a medical emergency, call emergency services immediately.

The App is not designed to detect emergencies, monitor you in real time, contact emergency services, or provide urgent medical care.

7. No Medical Clearance or Guarantee of Safety

You understand and agree that the App does not provide medical clearance, injury clearance, return-to-play clearance, return-to-running clearance, rehabilitation clearance, or any determination that a workout or activity is safe for you.

Any recovery score, readiness score, fatigue estimate, training-load estimate, injury-risk indicator, deload recommendation, taper recommendation, workout modification, or similar feature is an estimate only. These features are not medical assessments, diagnoses, treatments, guarantees, or safety determinations.

The App may not know or accurately account for your full medical history, injury history, pain, symptoms, medications, stress, sleep, nutrition, hydration, environment, equipment, technique, or other factors that may affect safety.

8. Algorithmic and Data Limitations

You understand and agree that any recommendations, adjustments, estimates, or outputs generated by the App may be based on algorithms, rules, assumptions, user-entered data, third-party data, historical patterns, estimated training loads, or incomplete information.

These outputs may be inaccurate, incomplete, delayed, inappropriate, or not suitable for your individual situation.

You understand that:

• User-entered information may be inaccurate or incomplete;
• Wearable data may be inaccurate, delayed, missing, or unavailable;
• Third-party integrations may fail or sync incorrectly;
• Recovery and readiness estimates may not reflect your actual condition;
• Training-load calculations may not fully capture the stress of an activity;
• Exercise recommendations may not account for your technique, equipment, injury history, or training environment;
• Running pace, distance, intensity, and volume recommendations may not account for terrain, weather, heat, humidity, altitude, surface, footwear, traffic, or route safety;
• Strength recommendations may not account for equipment availability, spotter availability, fatigue, skill level, or form quality; and
• The App cannot guarantee that any recommendation is safe, effective, optimal, or appropriate for you.

You agree that your own judgment, professional medical advice, and real-time physical symptoms should override any App recommendation.

9. Release of Liability

To the fullest extent permitted by applicable law, you, on behalf of yourself and your heirs, executors, administrators, representatives, successors, and assigns, release, waive, discharge, and agree not to sue Mass In Motion LLC and its owners, members, managers, officers, directors, employees, contractors, agents, representatives, affiliates, successors, licensors, vendors, service providers, and partners (collectively, the "Released Parties") from and against any and all claims, demands, actions, causes of action, damages, losses, liabilities, costs, expenses, or injuries of any kind, whether known or unknown, arising out of or related to:

• Your use of the App;
• Your reliance on any App content, recommendation, estimate, score, or output;
• Your participation in any workout, training plan, exercise, run, endurance activity, strength activity, or other physical activity;
• Any injury, illness, medical condition, worsening of symptoms, or death connected to physical activity;
• Any equipment, facility, route, environment, or third-party service used in connection with App-related activities;
• Any inaccurate, incomplete, missing, delayed, or misunderstood data;
• Any decision you make based on the App; or
• Any act or omission by you or any third party.

This release applies to claims based on negligence to the fullest extent permitted by applicable law. This release does not apply to claims that cannot legally be waived, including claims arising from gross negligence, willful misconduct, intentional misconduct, or other liabilities that applicable law does not permit to be released.

10. Covenant Not to Sue

To the fullest extent permitted by applicable law, you agree not to bring, file, initiate, maintain, or participate in any claim, lawsuit, arbitration, demand, or proceeding against any Released Party for any claim released under this Agreement.

If you bring a claim in violation of this Agreement, you may be responsible for the Released Parties' reasonable costs and expenses, including reasonable attorneys' fees, to the extent permitted by law.

11. Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Released Parties from and against any and all claims, demands, actions, damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or related to:

• Your use or misuse of the App;
• Your violation of this Agreement;
• Your violation of the Terms of Service;
• Your violation of any law, rule, regulation, or third-party right;
• Your participation in any physical activity connected to the App;
• Your failure to follow safety instructions, warnings, or applicable rules;
• Any inaccurate, incomplete, or misleading information you provide;
• Any content, data, or materials you submit, upload, or transmit through the App; or
• Any claim brought by another person or entity arising from your conduct.

12. No Warranty Regarding Fitness Results or Injury Prevention

You understand and agree that Mass In Motion does not guarantee:

• Injury prevention;
• Reduced injury risk;
• Medical improvement;
• Pain reduction;
• Recovery improvement;
• Performance improvement;
• Strength gain;
• Muscle gain;
• Fat loss;
• Endurance improvement;
• Race performance;
• Body-composition changes;
• Health improvement;
• Program adherence;
• Workout safety; or
• Any specific result.

Your results may vary based on genetics, health status, training history, recovery, sleep, nutrition, hydration, stress, consistency, adherence, environment, equipment, technique, and other factors outside the control of Mass In Motion.

13. Minors

The App is intended for users who are at least 18 years old unless otherwise permitted by the Terms of Service.

If a minor uses the App, the minor may do so only with the involvement, supervision, and consent of a parent or legal guardian where permitted by applicable law.

A parent or legal guardian who allows a minor to use the App agrees, on behalf of themselves and the minor, to this Agreement. The parent or legal guardian is solely responsible for determining whether the App and any related physical activity are safe and appropriate for the minor.

14. Third-Party Services, Facilities, Equipment, and Environments

The App may reference or interact with third-party services, devices, platforms, gyms, facilities, equipment, wearable devices, routes, maps, or other external resources.

Mass In Motion does not control and is not responsible for:

• Third-party wearable accuracy;
• Third-party data syncing;
• Third-party service availability;
• Gym or facility conditions;
• Equipment condition, setup, or maintenance;
• Road, trail, track, treadmill, pool, or route safety;
• Weather, heat, humidity, cold, air quality, lighting, traffic, terrain, animals, people, or other environmental risks;
• Coaching, advice, or instructions provided by third parties; or
• Any injury, loss, or damage caused by third parties or external conditions.

You are responsible for evaluating the safety and suitability of all third-party services, facilities, equipment, and environments before use.

15. Acknowledgment of Understanding

You acknowledge and agree that:

• You have read this Agreement carefully;
• You understand its terms;
• You understand that exercise and physical activity involve risk;
• You voluntarily assume those risks;
• You understand that you are giving up certain legal rights to the fullest extent permitted by law;
• You understand that the App does not provide medical advice or emergency services;
• You understand that App recommendations are estimates and may be inaccurate or inappropriate for you;
• You are responsible for your own safety, judgment, and decisions; and
• You agree to be bound by this Agreement.

16. Severability

If any part of this Agreement is found to be invalid, unlawful, or unenforceable, that part will be enforced to the maximum extent permitted by law, and the remaining parts will remain in full force and effect.

17. Relationship to Other Terms

This Agreement supplements and is incorporated into the Mass In Motion Terms of Service, Privacy Policy, Medical, Health, and Fitness Disclaimer, and any other applicable policies or agreements.

If there is a conflict between this Agreement and another Mass In Motion policy, the document that provides Mass In Motion with the greater protection will apply to the fullest extent permitted by law, unless applicable law requires otherwise.

18. Contact

If you have questions about this Agreement, contact:

Mass In Motion LLC
Email: massinmotionapp@gmail.com

Important Legal Notice

This Agreement is intended to provide a strong foundation for user-facing risk disclosure and liability protection. However, legal requirements vary by jurisdiction, and enforceability may depend on state law, consumer protection law, app-store requirements, the exact user flow, how consent is collected, and how the App is marketed.

Mass In Motion LLC should have this Agreement reviewed by a qualified attorney before relying on it in production.